What Technology is Patentable after Alice?

As mentioned in our previous post, the Federal Circuit has recently upheld a variety of “software” patents in the face of Alice challenges by accused infringers. This post gives a brief overview of the technology found to be patent eligible in the most influential post-Alice decisions. The earliest Federal Circuit case upholding a software patent […]

What’s Alice Been Up to Lately? (A free Webinar!)

The Federal Circuit has upheld more patents in the face of Alice challenges in the last 6 months than in the 2 years following the Alice decision. This is a notable shift in the Federal Circuit’s application of Alice, and the US Patent & Trademark Office (USPTO) has taken notice. A series of USPTO memorandums […]

Filing a Patent Infringement Suit

Although perhaps the most sensalitionist method of monetizing patents, filing a patent litigation suit is still a viable way to obtain value from patents. As we previously discussed, the number of patent litigation suits filed in 2015 represented about a 13% increase over the number of suits filed in 2014. The most common remedies available […]

Can I sell my patents?

Yes, patents and patent applications are property, and as such, can be transferred or sold just like other tangible property. Owners of quality patents who are less willing to seek remedies through the court system, or would prefer to quickly capitalize on the value they have created through their innovations can sell their patents outright. […]

Can I obtain a loan based on patent assets?

For patent owners or patent application owners who are strapped for cash, a large number of economic institutions and funds have recorded assignments for patents or patent applications held as collateral for business loans. Marathon Patent Group, a group that is a testament to the value of patents through its business model of purchasing patents, […]

Want the most value out of your patents? Do this.

Over the last few weeks we have discussed the impact of Alice on patents, and determined that it is still possible to obtain software patents post-Alice. We saw patent litigation suit filings close to all-time highs. Although filing one or more litigation suits is certainly a viable way to monetize your patents, it is far […]

The USPTO, software patents, and upholding a patentable invention

Question: If the USPTO grants me a patent on software, will courts use similar standards in upholding my invention as being patentable? Answer: Yes. Courts have followed the Alice guidelines in finding software inventions patentable. In fact, observers have found that many courts are broader than the USPTO in their approach to patentable subject matter. […]

When the USPTO denies a patent an invention is related to software

Question: If the USPTO denies me a patent because my invention is related to software, can I have success appealing to the Patent Trial and Appeals Board (PTAB)? Answer: Yes. Many applicants for software patents have successfully obtained a patent by appealing to the PTAB after the USPTO rejected their patent application. The PTAB is […]

2015: Year in Review for Intellectual Property and Patents

By all accounts, 2015 was a remarkable year for patents. A new milestone was reached as the United States Patent and Trademark Office (USPTO) issued patent number 9,000,000 in April. In fact, the USPTO granted almost 300,000 patents in 2015. Patent application filings were up, with more US patent applications filed in the 2015 fiscal […]

Can I still patent software?

Yes, software is patentable. Although some commentators declared that Alice heralded the end of software patents, the United States Patent and Trademark Office (USPTO) will not deny a patent on an invention simply because the invention is related to software. In its July 2015 Update on Patent Subject Matter Eligibility, the USPTO provided the following […]